Immigration – Refugees – Application for protection visa – Decision rejecting application for protection visa – Failure of decision-maker to give applicant opportunity to comment on change of circumstances – Whether denial of procedural fairness – Whether Pt 2 Div 3 Subdiv AB of Migration Act 1958 (Cth) constitutes a code excluding requirements of procedural fairness.
Immigration – Refugees – Application for protection visa – Decision rejecting application for protection visa – Whether decision-maker failed to apply correct test – Whether constructive failure to exercise jurisdiction.
Administrative law – Constitutional writs and orders – Constructive failure to exercise jurisdiction – Procedural fairness – Constitution, s 75(v).
Constitutional law – Writs under Constitution, s 75(v) – Constructive failure to exercise jurisdiction – Jurisdictional error for denial of procedural fairness and natural justice – Availability of constitutional writs under Constitution, s 75(v).
Constitution – s 75(v).
Migration Act 1958 (Cth) – Pt 2 Div 3 Subdiv AB, s 69.
Judgment date
Case number
S199/1999
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords